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Posted: 1/7/2005 7:17:43 AM EDT
[Last Edit: 1/7/2005 7:21:03 AM EDT by CJK440]
I'm talking with somebody about trading my post ban stripped receiver with a pre-ban one and when I talked to a local gun store about a transfer, they said I needed proof it was "assembled" into a rifle prior to the fed ban. Since it is a PWA lower ( and I think they are out of biz) I can get no real proof.

So I dug up CT law. Heres what I found.

Sec. 53-202m. Circumstances when assault weapons exempt from limitations on transfers and registration requirements. Notwithstanding any provision of the general statutes, sections 53-202a to 53-202l, inclusive, shall not be construed to limit the transfer or require the registration of an assault weapon as defined in subdivision (3) or (4) of subsection (a) of section 53-202a, provided such firearm was legally manufactured prior to September 13, 1994.

Here is 53-202a

Sec. 53-202a. Assault weapons: Definition. (a) As used in this section and sections 53-202b to 53-202k, inclusive, "assault weapon" means:
(1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: edit banned specific model list
(2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (1) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (1) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;
(3) Any semiautomatic firearm not listed in subdivision (1) of this subsection that meets the following criteria:
(A) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following:
(i) A folding or telescoping stock;
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) A bayonet mount;
(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) A grenade launcher; or
(B) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(i) An ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer;
(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) A manufactured weight of fifty ounces or more when the pistol is unloaded; and
(v) A semiautomatic version of an automatic firearm; or
(C) A semiautomatic shotgun that has at least two of the following:
(i) A folding or telescoping stock;
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) A fixed magazine capacity in excess of five rounds; and
(iv) An ability to accept a detachable magazine; or
(4) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (3) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (3) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person.
(b) As used in this section and sections 53-202b to 53-202k, inclusive, the term "assault weapon" does not include any firearm modified to render it permanently inoperable.
(P.A. 93-306, S. 1; P.A. 01-130, S. 1.)
History: P.A. 01-130 amended Subsec. (a) to delete reference to Sec. 53a-46a(h), make technical changes in Subdiv. (2) and add Subdivs. (3) and (4) re physical characteristics criteria applicable to definition of "assault weapon" and amended Subsec. (b) to delete reference to Sec. 53a-46a(h).
Cited. 234 C. 455—459, 472, 484, 485, 487. Cited. 242 C. 143.



Now this is what I am having trouble with.....

Taken from 53-202m above.

"provided such firearm was legally manufactured prior to September 13, 1994."

The say "Firearm", not rifle or pistol. Isn't a stripped lower receiver considered a "firearm"?? (I cant seem to find the CT definition of the term "firearm"). I need to go through the same procedures at the gun store to buy a stripped receiver as I do for a complete gun.

So the real question is this... What matters? Receiver manufacture date or rifle assembly date??

If the law states "firearm" mfg before the ban and a stripped receiver qualifies as a firearm wouldn't just proving the serial number was pre-ban be enough for me to buy it and build a pre-ban gun???

Link Posted: 1/7/2005 8:54:52 AM EDT
I am by know means the expert on this topic, but from my understanding a lower receiver is considered a firearm, which is why it requires a FFL to purchase one via the internet or through catalog sales. Although utilizing the serial number as a means to detemine the manufacturing date sounds like a good start to me. Let me know how it all turns out.

Too bad we reside in this wonderful state of CThen
Good luck.hinking.gif
Link Posted: 1/7/2005 9:09:47 AM EDT

The reason you can't find the CT definition for the term firearm is because that such a definition contained within the General Statutes doesn't exist. All of the CT AW laws are very vague. Under federal law a receiver is considered a firearm, but not a rifle or a pistol.

As you probably know in CT when you buy a receiver you must still fill out the State of CT Department of Public Safety Sale or Transfer of All Firearms form DPS-3-C, with the seller retaining one copy, the purchaser, the local police, the DPS licensing & firearms unit.

Using this logic that a lower receiver is sold on this form DPS-3-C (Sale or Transfer of All Firearms) it is viewed as a firearm by the state of CT. Thus satisfying CT Sec. 53-202m.

My advice to you would be to find a new dealer...

Although, I would buy the lower as a complete rifle with documentation from the seller that the rifle was complete prior to the Ban just to cover yourself.

Link Posted: 1/7/2005 12:36:17 PM EDT
I did some research on this while I still lived in CT. There is nothing in the statutes that states that the "reciever" must have been assembled into a complete rifle before such and such a date to be eligble for pre-ban status. All I could ever find in the statutes was "Manufacturered", it was not worded like the federal ban, so if your lower, which is considered a "firearm" was manufacturered, irregardless of it's completion of assembly, before the magic date, you are okay. The problem with the CT ban was that it mirrored the federal ban in its premise, plus having named more firearms, but the wording used in the statutes was different. If I am incorrect in my assesment, someone say so, and then try to transfer a complete rifle. However, it is my understanding that the transfer is completely legal, yet most shop owners do not know this, and go on what the old federal ban stated, hence their hesitation. I know it's confusing, but hope this helped a little..
Link Posted: 1/7/2005 1:36:41 PM EDT
The only thing that matters is the receiver manufacturing date. You can legally transfer that to your possesion even though it is a pre-ban receiver. Any pre-ban AR rilfe is perfectly legal to own in CT as long as it does'nt have Colt "AR15" or "Sporter"on it. If you could provide some kind of proof for your own records of when the reciever was made, I would advise on that just incase you run into a problem with the local CT Gestapo.
Link Posted: 1/7/2005 5:09:07 PM EDT
[Last Edit: 1/7/2005 5:12:25 PM EDT by CJK440]
I currently own a RRA receiver I bought a few years ago from a shop in CT. I had to fill out form DPS-3-c "Sale or Transfer of All Firearms". I needed to supply my permit to take it that day or I assume wait out the waiting period.

So it seems to me the store sold me a Firearm. If I wanted to find the manufacture date of that "firearm" I would look up RRA's number and inquire about the serial number.

Now it sat on a shelf until I ordered a 20" E2 kit and assembled a Rifle. From what I understand, the "firearm" still was manufactured on whatever day the serial number links to but it was "assembled" into a rifle later on.

But like mentioned above. I see no mention in the CT statutes of the word "assembled", just mfg of the "firearm" which from what I understand applies to a stripped lower.

I am not 100% familiar with the old federal ban but like mentioned above must differ than what Conn. decided to restrict us with. Federal ban apparently revolves around "assembly", I cannot find reference to "assembly" in the CT state laws.

Now the receiver in question is a PWA lower. According to the serial number list provided by ARFCOM Click here the serial number (12,xxx) is well below the "35,222 and Below = Pre-Ban" note.

Now according to my comprehension of the CT statute, if the above PWA info is correct, the "firearm" was "manufactured" prior to the ban and according to Sec. 53-202m it is grandfathered beacuse I quote such firearm was legally manufactured prior to September 13, 1994.

I would imagine since the pre-ban is coming form an ARFCOM member who is doing me a favor and will only cost me FFL transfer fees X2 I should grab it, get proof of manufacture date from PWA (if possible) and make a file including the CT statutes as it applies to my situation in case I get into trouble.

Am I stupid?

Should I contact an authority and get it from the "horses mouth"??? Who would be the person to talk to??
I hate to rock the boat though.

Link Posted: 1/7/2005 5:25:58 PM EDT
As a member of the so elequently put "CT Gestapo" my only suggestion would be to contact the Weapons Unit at State Police HQ in Middletown, ask your question and seek a reply in writing. It is true that the CGS is a little confusing. In a perfect world, all that should matter is the date is was produced (prior to the CT ban). You will find that the serial numbered frame is a firearm. The key is not to stare at the stautes but to see how the courts have interpreted them. Again, not a perfect system but the effort you put in now could possibly save you untold grief down the road. You must find this out yourself and again, GET IT IN WRITING. The last place you should ever look for legal advice is the internet. Is any one on this board going to do time for you should anything go really bad? Didn't think so.
Link Posted: 1/7/2005 6:08:50 PM EDT
Check over in the "hometown" forums and goto the new england board. They will have some good info over there.

I just picked up a pre-ban bushmaster rifle from a person on our "equipment exchange" forums that came with a certified letter from bushmaster stating that it was assembled into a complete rifle before the ban. The only thing my dealer needed was a copy of the license and a return of their FFL sheet. They never told me i needed to verify it was certified a preban, but they did see the paper when they opened the box. Paid a $20 for the transfer through my dealer and all is well.

Check over at the new england forum, they can help i bet.
Link Posted: 1/7/2005 6:10:20 PM EDT
Unless, of course, it happens to be a Colt, in which case it's banned under the law. That sound is me hitting my head against the wall.
Link Posted: 1/11/2005 6:35:09 AM EDT

Originally Posted By CT_AR:
I did some research on this while I still lived in CT. There is nothing in the statutes that states that the "reciever" must have been assembled into a complete rifle before such and such a date to be eligble for pre-ban status. All I could ever find in the statutes was "Manufacturered", it was not worded like the federal ban, so if your lower, which is considered a "firearm" was manufacturered, irregardless of it's completion of assembly, before the magic date, you are okay. The problem with the CT ban was that it mirrored the federal ban in its premise, plus having named more firearms, but the wording used in the statutes was different. If I am incorrect in my assesment, someone say so, and then try to transfer a complete rifle. However, it is my understanding that the transfer is completely legal, yet most shop owners do not know this, and go on what the old federal ban stated, hence their hesitation. I know it's confusing, but hope this helped a little..



I will say that I agree with the assessment above.
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